Should I appeal Amtrac parking ticket as permit was on display or contact them and appeal?

Not_A_Hope

Did you send a cheque for £100. If so when and why? 

As far as advice from the forum is concerned you should wait to see if the claimant discontinues or is daft enough to pay for a hearing which they will almost certainly lose after you provide a witness statement to back up your defence

B789

Victoire7 said:

BW Legal have just written to say I admitted that the heat made the permit unclear and that I sent a cheque for £100, which they returned. Would you still advise to wait for the court hearing please. Thanks

Did you do either of those two things?

Victoire7

Thanks, Not_A_Hope, I think it was after talking to CAB, who said I should pay, and a flurry of harrassing letters from BW legal. The cheque was dated 1.12.21,1 but as BW legal returned it and were demanding more money it seemed better to not do anything and hope they would stop...

B789

B789 said:

Victoire7 said:

BW Legal have just written to say I admitted that the heat made the permit unclear and that I sent a cheque for £100, which they returned. Would you still advise to wait for the court hearing please. Thanks

Did you do either of those two things?

You stated the following in your Defence:

The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The vehicle was parked at xxxxx on 9/10/2021 at 4am when the parking fine was issued by the claimant.

I'm not quite sure where you stand at the moment with the above statements. Has BW Legal mentioned this "offer" you made to pay the fine PCN anywhere in any correspondence? 

I think that by sending that cheque, even though it was returned, any record of that could be used against you as an admission of liability.

Coupon-mad

I say carry on. Sending a cheque was because you were scared and wanted the letters to stop and to make it go away, not as any admission of liability.

Also, if at the hearing you end up losing you can then (NOT BEFORE!!!) tell the Judge about that cheque they returned and say that BW were unreasonable to reject it back in 2021 so the only sum awarded if anything should be £100.

I STRESS DO NOT RAISE THIS UNLESS THE JUDGE FINDS AGAINST YOU (END OF THE HEARING).

B789

Coupon-mad said:

I say carry on. Sending a cheque was because you were scared and wanted the letters to stop and to make it go away, not as any admission of liability.

Also, if at the hearing you end up losing you can then (NOT BEFORE!!!) tell the Judge about that cheque they returned and say that BW were unreasonable to reject it back in 2021 so the only sum awarded if anything should be £100.

I STRESS DO NOT RAISE THIS UNLESS THE JUDGE FINDS AGAINST YOU (END OF THE HEARING).

I bow to your experience and knowledge of what is involved here. However, I just read back and the OP states that they received the following communication from BW Legal today:

Victoire7 said:

BW Legal have just written to say I admitted that the heat made the permit unclear and that I sent a cheque for £100, which they returned. Would you still advise to wait for the court hearing please. Thanks

In what context was the above correspondence sent to the defendant? It appears to be a paraphrasing of what was in the letter. Was the letter a copy of their WS? Was it just an acknowledgement that they are proceeding with the Claim?

Whilst I am one of the first to agree that these bottom-dwelling solicitors are intellectually deficient, the above correspondence does feel like a 'reminder" to the defendant about something they are likely to try and use. I hope I am wrong.

Victoire7

Thank you B789.

In BW Legal's letter dated 22 March 2023, they say: We note that you accept a valid permit was not on display within the vehicle as you allege this was "due to the heat".

What I said in my defence was: 3. The vehicle in question was correctly parked in the allocated parking space and had the correct permit issued by the claimant on display in the front windscreen, albeit furled due to the heat because of the wafer-like permit, but it was ‘clearly on display’ as per the claimant’s parking instructions. 

BW Legal go to state: We also note that you attempted to settle the unpaid PCN by sending a cheque of £100.000 to our client. Our client returned this cheque payment to you whilst confirming the matter is currently with us for further debt recovery.

I had previously written to the director of KBT Cornwall and he deliberately waited until the deadline for a formal appeal had passed before returning my letter opened but not having the courtesy to reply. I have at no time admitted liability or ticked any box to imply this is so.

Grizebeck

Please post the letter up

Victoire7

Thank you, coupon-mad, B789 and Grizebeck, for your help. BW Legal state in the letter which is in response to the court sending a copy of my defence to them. They say they are providing a complete factual background: 'Given that you made an admission to the unpaid PCN, we will bring this to the Court's attention, should the matter proceed to a final hearing.

Hope the photos are sufficiently clear!

Not_A_Hope

They are trying to rephrase what you wrote and put you under pressure to pay. Don’t give them a penny and if they don’t discontinue see what a judge says about there flimsy permit scam